Back to search
The question

Did divorce occur as a result of the statement "Take her, for I do not need her," given the unknown intention, or due to conditioning divorce upon the cancellation of an employment contract that was not fulfilled by the specified time? And do the divorce pronouncements multiply with the repetition of oaths upon the same condition?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The husband's statement to his mother about his wife, "Take her, for I do not need her," is a metaphorical divorce (kinayah ) by which divorce does not occur unless accompanied by intention. The default is that there is no intention of divorce. The same applies to the husband's request for his wife to pack her belongings to go to her family's house.

As for conditioning the wife's divorce on her not terminating her employment contract: if she tried to terminate it but illness prevented her, then the divorce does not occur due to the excuse, because she was unable to do so without her own action.

One must be careful not to be lenient in uttering divorce, and to act according to the principle that certainty is not removed by doubt. It is also necessary to strive against intrusive thoughts (waswas) by ignoring them, engaging in remembrance (dhikr), reciting the Qur'an, supplicating, and performing .

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
174466
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy